The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-10-26

this man referred to in the coIIoquy which
yOu have Just read2"
Mr.. PryOr-"No your honor, but"
Mr.. Justice Miller-"Then this particu-
lar man was not on the trial jury?1
Mr.. P:yOr-"No your honor, he was not,
but exactly the same questions were raised
in the case of men who were."
Justice Miller said ne asked for infor-
nation because in case which recently
came before him in Missouri, similar OBJ
iections were urged to a particular Juror
and il cost him three days study Of the
record 10 fiod ont that the man whose
case was thus emphasized in the argument
had not actually been member OF the
jury at all.
Mr.. Pryor said it abundantly appeared in
the record that at least two of the jurors
who actually Eat in the trial were persons
having preBossessions and pre- udices of the
character described. Thus, by the action
of the lower court, he said, the Illinois
Statute had been made TO deprive the &C.
cused of the right of trial by an impartial
Jury, had abridged their privileges as citi-
zens OF the United States, and was about
to deprive them Of life, without the pro.
cess of law.
The Chief Justice remarked that the only
question for this court was whether the
Statnte was constitutional. II the court
erred in its administration of the Statute,
that was question for the State courts.
Mr.. Pryor replied that the action OF the
state court was the the action of the state.
III the statute was administered unfairly it
was state action and that brought ii within
the jurisdiction Of this court. at must be
So" said Mr.. Pryor, because II state pass
a seemingly fair statute, then ignore II or
administer it unfairly then the protection
which the fourteenth amendment is in
tended to give is denied. To try man
for his life by partial Jury is not due
process Of laws and never was due process
of law"
THE SECOND POINT.
Mr.. Pryor's second point was that the pc
titioners had been compelled in the trial
court TO be witnesses against themselves,
Some OF them were on the stand, and in
spite of the protests of their counsel they
were compelled to submit to an unrestrain.
ed cross-examination and to criminate
themselves. Compelling a man to testify
against himself is not due process of law.
Furthermore, after their arrest, the police,
without any process of law, broke open
their private desks and extracted from
them letters and other eliminating eVi.
depce and these letters, gotten without due
process vi Jaw, were used against them.
When the objection was raised it was over
ruled ard an exception was taken.
TIE Chief D. I ce-"Can you point as to
the precise exception that was taken?"
Mr.. Pryor then read extracts from the
record covering the seizure of Spies papers
without a search warrant aud use OF them
sgainst him, and maintained that this was
virtually compelling him to testify against
himself in violation of the amendment OF
the constitution.
TbelChief Justice-"DOes the record show
in what way theke papers were acquired
and used? ."
Mr.. Pryor-"Oh, aburdsntly."
The Chiri Justice-'H Have you printed is
your petition and parts of the record where
this appears"
Mr.. PryoT-"No sir; but We have refer
eDces to them, and the record is here"
In conclusion Mr.. Pryor said that il was
not necessary to refer specifically to the
amendment or the Fourteenth Amend
ment or any other particular amendment
as violated By the Illinois statute and the
proceedings OF the State courts. He would
simply say broadly that these were cues.
tions raised under the Federal CJns5itu-
ton. "And now, your honors'" he said,
1--WE submit to you on these questions that
there is a Federal question raised which
entities the petitioners to the writ Of error
prayed for"
RECORD ORDERED PRINTED.
at the conclusion OF Mr.. Pryor spses1
TIC OuItl uclu a DIlcl WllSpclol
consultation with several of the Associate
Justices including Field, Miller, Harlan,
and Matthews, and then said: "Mr. Pryor,
you may have printed at once, iflI Isibie,
the parts of the record which raise these
questions and hand them to US this after
noon or early tomorrow morning aud on
Monday we will indicate what is further
necessary to be DONE"
Mr.. Pryor bowed and all OF the counsel
for the Anarchists and most of the large
audience which had assembled, streamtd
out of the court room into the corridor
discussing the proceedings and the con-
demned prisoners chances for a hearing
before this court.
CHICAGO POLICE CAUTl0S.
CHICAGO, october 2I.-There was a good
deal Of excitement IN the vicinity of the
county Jail about 6 O'Clock last night,
when thirty policemen marched into the
main entrance of the criminal court build
ing, followed i've minutes la.er by de.
tschment OF eighteen more. 1t was not
until nearly IL O'Clock that the secret uu-
deTlyiDg these strange movements of the
police came out, and then ii was learned
that nearly two thirds OF the entire force
was being held in reserve at the principal
stations The police learned yesterday,
through the secret service OF the depart
Lncnls ludl was IldDlc 10 come
OF the mass meeting at Battery d, and
that If there was collision between the
Reds and the IoiIce, the former might at
tempt an assault on the Jail. There was
nothing tangible in the story. for there
was no regular plan; so far as the sec ct
| service officers were able to ascertain, only
q SOFT OF tacit understanding among the
disciples Of the condemned seven.
When the news was communicated to
Chief Eberfol6. he notified the Mayor,
who, in turn, notified Sheriff Mattson, and
a council OF war was held in the Mayors
Office yesterday afternoon. 1t was decided
that it would be good policy to take every
| preceution necessary to meet any emer.
| gency that might arise. The crowd at
battery ID was q restless one. This was sp-
parent to any observer. Although fifty
per cent. of the crowd could not under
stand English, it was noticeable fact that
the Epgllsh speeches were more loudly ap-
| plsuded than the German. There was a
heavy detail of police present, which was
constantly augmented as the night wore
| on. The officers were massed against the
/ west wall in q long platoon with Captain
| Buckley, Lieutenant Laughlin. and Ser
/ geant Gibbons at their head. Chief of Po-
| lice Ebersold was also present in citizen's
dress. He mingled with the Anarchists
and was not seen with his subordinstes
The force of detectives was also surpris-
| ingly large. While the men were not will
ing to make public the nature of their